EITE DINMUN BANG AHIA?

User Rating: 0 / 5

Please Rate

EITE DINMUN BANG AHIA?By Vungzamuan Valte, Columnist Zogam.com

TRIBES:Scheduled tribe means (under Article 366 (25), such tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purpose of the Constitution.

Article 342:The President of India may, with respect to any state or Union territory, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall, for the purposes of the constitution, is deemed to be scheduled tribes in relation to that state or Union territory, as the case may be.TRIBAL AREAS: Tribal areas means, the areas predominantly populated by the tribals and notified by the president of India as Scheduled Area under Article 244 (1) of the Constitution such as Scheduled Area part A states, order, 1950, Scheduled Area Pat B states Order, 1950 etc. and Sixth Scheduled Areas under Article 244 (2) of the Constitution.

TRIBAL AREAS RECOGNISED UNDER THE CONSTITUTION OF INDIA:1.SIXTH SCHEDULE: Areas specified in part I, II, IIA & III of the table appended to paragraph 20 of the SIXTH SCHEDULE are tribal areas within the states of Assam, Meghalaya, Tripura & Mizoram (we are not there).

2.FIFTH SCHEDULE:Under Article 244 (1) of the constitution of India, Provisions as to the Administration and Control of Scheduled Areas and Scheduled tribes have been prescribed. The President of India issued the Scheduled Areas (Part A States) Order, 1950 and the Scheduled Areas (Part B States) Order 1950 etc. for the states of Chhattisgarh, Jharkhand, Orissa, Madhya Pradesh, Gujarat, Rajasthan, Maharashtra, Andhra Pradesh, Himachal Pradesh. (we are not there).

3.HILL AREAS (MANIPUR): Article 371C of the constitution provides for a special provision with respect to the state of Manipur for the constitution and functions of a Committee of the Legislative Assembly of the state consisting of members of the Assembly from the Hill Areas of the state. The expression Hill Areas means such areas as the President may, by order, declare to be Hill Areas.

4.The Manipur Legislative Assembly (HILL AREAS COMMITTEE) ORDER, 1972 was promulgated by the president of India and the Hill Areas has been specified in the schedule as below:THE FIRST SCHEDULE (HILL AREAS)(1)Manipur North, Manipur East, Manipur West and Manipur South revenue districts. (2) Chandel, Chakpikarong and Tengnoupal revenue sub-divisions of the Manipur Central revenue district (as amended).

5.Hill District Councils in ManipurThe Manipur (Hill Areas) District Council Act, 1971, an Act passed by the Parliament paved the way for establishment of six Autonomous District Councils in Manipur. In accordance with the powers vested on the Governor of Manipur, following six Autonomous Districts Councils were constituted on 14th February, 1972:- (1) Chandel Autonomous District Council,(2) Churachandpur Autonomous District Council,(3) Sadar Hills Autonomous District Council, Kangpokpi(4) Manipur North Autonomous District Council, Senapati(5) Tamenglong Autonomous District Council,(6) Ukhrul Autonomous District Council.(As amended in 1975, 2006 and 2008)

6.GENESIS OF THE TERM HILL AREAS:The term Hill Areas has a historical background. During the colonial period, "The Hill Tribes" Rules, 1935 was used for the Management of the Hill Tribes. This rule was the application of The Chin Hills Regulation of 1896 in spirit but not in letters. At the time of India's independence, the term "Hill Tribe" was substituted by the term "Hill People" in the Manipur Hill People's Regulation, 1947 and the Manipur State Constitution Act, 1947. Even in the composition of the Assembly, 18 seats were reserved for the hill areas. The Government of India or the State Government used the term "Hill Areas" in the legislation, Manipur Hill Areas Village Authorities Act, 1956, the Manipur Land Revenues and Land Reform Act, 1960, the Manipur Hill Areas Councils Act, 1971 etc. The term Hill Areas is a misnomer, it is more appropriate to adopt the term, "Tribal Areas" in the administration of the districts or subdivisions inhabited by the Scheduled Tribes.

7.LEGAL SAFEGUARDS OF HILL AREAS(1) Part 1 chapter 1 of the Manipur MLR& LR Act, 1960 reads as under:Short title, extent and commencement: - (1) This Act may be called the ManipurLand Revenue and Land Reforms Act, 1960.(2) It extends to the whole of the State of Manipur except the hill areas thereof:(3) Section 2(j) MLR & LR Act, 1960 defines the term Hill Areas as such areas in the ‘Hill Tracts’ of the State of Manipur as the State Government made by notification in the Official Gazette, declared to be the hill areas. Vide notification No. 181/2/61 dated 25.01.1962Hill Villages were notified as Hill Areas (as amended from time to time).(4) Under Section 158(Part V, Chapter XIII of the MLR & LR Act, 1960) a special provision regarding Scheduled Tribes was inserted as under:* No transfer of land by a person who is a member of the Scheduled Tribes shall be valid unless:(a) The transfer is to another member of the Scheduled tribes; or(b) Where the transfer is to a person, who is not a member of any such tribe,It is made with the previous permission in writing of the DeputyCommissioner, provided that the Deputy Commissioner shall not giveSuch permission unless he has first secured the consent thereto of theDistrict Council within whose jurisdiction the land lies: or(c) The transfer is by way of mortgage to a co-operative society.